TERMS AND CONDITIONS OF RESIDENCE ("the Ts &Cs")

Transcription

1 TERMS AND CONDITIONS OF RESIDENCE ("the Ts &Cs") Welcome to Nottingham Trent University. INTRODUCTION Nature of Agreement Terms of this Agreement Accepting this Agreement Period of Residence Our responsibilities Your responsibilities Variations to This Agreement is a licence and not a tenancy. This means that you have a personal right to occupy the Room during the Period of Residence but do not have exclusive possession of the Room. This means that we have the right to: 1. enter your Room at any time and for any reason (which is similar to staying in a hotel); 2. require you to move to an alternative room (again this is similar to staying in a hotel); and 3. where the Agreement Summary states that the room type is "twin", require you to share the Room with another person. Where we exercise these rights we will do so in accordance with these Ts & Cs. Please note that where a Hall is owned or provided by an organisation other than the University (ie where the Licensor in the Agreement Summary is not the University), that organisation has granted authority to the University to act on its behalf in the conduct and enforcement of this Agreement. The terms are contained within: 1. these Ts & Cs; 2. the Agreement Summary; 3. the Student Code of Behaviour; 4. the Residence Handbook Together, these documents set out our respective rights and responsibilities. By Accepting this Agreement you enter into a legally binding contract with us which, for the Period of Residence and subject to the terms of this Agreement, gives you the right to live in the Accommodation and (the non-exclusive right) to use the Communal Areas. If you move into the Accommodation without first Accepting this Agreement you will be deemed as having Accepted by your action of moving into the Accommodation. Unless it specifies otherwise in the Agreement Summary the Period of Residence is continuous (and includes the Christmas and Easter vacation periods) but does not include the Summer vacation period. You must vacate the Accommodation and remove all of your personal possessions from it by 10:00am on the last day of the Period of Residence. Students are not permitted to remain in the Accommodation beyond the last day of the Period of Residence. Our responsibilities are set out in clause 1 (below). We are fully committed to fulfilling our responsibilities under this Agreement. If we fail to meet these, we expect you to tell us and give us the opportunity to put things right. By entering this Agreement, you commit to comply with your responsibilities. These are set out in clause 2 (below). If you fail to meet these, we will tell you and (unless the failure is serious or persistent) we will give you a chance to put things right. If you fail to take this opportunity, or if the failure is serious or persistent, we will be entitled to take formal (including legal) action against you which may result in you having to leave your Accommodation. With the exception of any changes as a result of government legislation, this Agreement cannot be \er01 1

2 this Agreement Enquiries Glossary changed without prior written agreement between you and us. If there is anything you do not understand or if you have any other queries relating to this Agreement please contact the Student Accommodation Services. If you require advice on your rights or responsibilities under this Agreement, please seek advice from a Citizens' Advice Bureau, Law Centre or solicitor. These Ts & Cs and the Agreement Summary contain certain words which begin with capital letters. These have particular legal meanings which are explained in the glossary at the end of these Ts & Cs. 1. OUR RESPONSIBILITIES 1.1 Services & facilities During the Period of Residence we will use reasonable endeavours to: maintain the structure of the Hall and keep the Hall [and Communal Areas] (including the lighting, heating and fire fighting equipment within them) clean, tidy, in reasonable repair and fit for use by you and other occupiers; ensure that all fixtures and fittings for water, gas (if applicable), electricity and water heating in the Accommodation and Hall are kept in working order and to provide such heating as we consider adequate (acting reasonably). This may mean that, during warmer weather, the heating may be turned off; provide an adequate supply of hot water for normal domestic use; procure the provision of facilities for the washing and drying of clothes in the Hall for which there will be a separate charge at the point of use; and arrange for an external company to provide and maintain an internet point within the Accommodation. To use these facilities, you will need to contact the external provider and enter into a contract and pay them directly for such services. We will not be liable for any failure or interruption to any of the services or facilities (or any loss arising from any failure or interruption), if the failure or interruption is due to reasons outside our control (e.g. mechanical breakdown, shortages of fuel/materials, labour disputes, student action or necessary maintenance, repair, or replacement). 1.2 Insurance During the Period of Residence we will insure the Hall against fire and other risks which we reasonably consider necessary During the Period of Residence we will (at no additional cost to you) insure your personal belongings up to the limits shown here for halls that are owned by UPP (being Blenheim, Byron, Gill Street North, Gill Street South, Hampden, The Maltings, Meridian Court, New Hall, Norton Court, Peverell, Sandby and Simpsons ) and here for halls that are owned by the University (being Brackenhurst, College Drive, Limes, Southill, Sycamores, Willows and 21 Waverley Street) but you will be responsible for administering any claims which arise. Full details of the insurance policy are available here for UPP owned halls and here for University owned halls. If you are unable to access this web link please contact the Student Accommodation Services before Accepting this Agreement and we will send to you a copy of the policy so that you can read it before Accepting this Agreement. Please note that any claim you make will be subject to the normal excesses, limitations and exclusions from cover which our insurer may impose from time to time. If you require insurance for any personal belongings over and above the normal excesses, limitations and exclusions you are responsible for taking out such insurance cover yourself at your own cost. 2. YOUR RESPONSIBILITIES 2.1 Licence Fee You must pay the Licence Fee during the Period of Residence on the dates and in accordance with the payment terms set out in Schedule The obligation to pay the Licence Fee applies irrespective of your individual course dates (which may start later or finish earlier than the Period of Residence) and \er01 2

3 irrespective of when or if you actually move into the Accommodation If someone other than you pays all or part of the Licence Fee to us directly (eg a Sponsor or parent), this will not reduce or affect your responsibilities under the Agreement or result in any kind of rights or benefit to that other party. 2.2 Booking Fee/ Deposit On Accepting this Agreement the "booking fee" that you paid will become the Deposit We will return the Deposit to you within a reasonable period after the determination of this Agreement (subject to the provisions of Clause 6.1 (below)) less any reasonable deductions for any monies you owe to us under this Agreement (eg unpaid Rent, any administration and other costs that we incur if you breach your responsibilities under this Agreement including (but not limited to) payments for loss and damage under clause 5.1) The "reasonable period" referred to in Clause (above) can be up to six weeks after the later of the:- end of this Agreement; and date that we have notified you of the sum available to be returned to you If we intend to make any deductions under clause 2.2.1, we will notify you of this in writing as soon as reasonably practicable, specify the amount of the deduction and explain the reasons for the deduction. 2.3 Inventory You agree to check, sign and return the Inventory to the Residence Manager and notify the Residence Manager of any discrepancies as soon as possible and in any event within 7 days of taking occupation of the Accommodation. If you do not do so, we shall assume that the Inventory is correct. 2.4 Using the Accommodation You and (if applicable) the other occupant (where the room is a twin room) are the only people authorised to occupy the Accommodation You and (if applicable) the persons referred to in the Agreement Summary must not use the Accommodation for any other purpose than as living accommodation (eg you must not run a business from the Accommodation) You agree not to transfer this Agreement (or your rights under this Agreement) to anyone else or (except where permitted by clauses (visitors) or 2.6 (moving rooms)) allow anyone else (other than any persons referred to in the Agreement Summary) to live in or use the Accommodation You must allow our staff and/or contractors to enter the Accommodation in accordance with clause 3.2 below. 2.5 Visitors You are responsible for the behaviour of any person authorised to occupy under clause 2.4 and any Visitor and you must ensure that they do not break the terms of this Agreement. If they do, you will be in breach of this Agreement You agree that we may remove or exclude your Visitors and any person authorised to occupy under clause 2.4 from the Accommodation or the Hall where we have reasonable grounds to believe that this is necessary for the safety and/or wellbeing of other persons You agree not to allow anyone other than the occasional adult Visitor (18 years and older) to stay overnight and they are only permitted to stay overnight for a maximum of two nights in any week All Visitors must sign in at the reception within your Hall and Visitors are only permitted provided that this does not annoy other occupants of the Hall or disrupt study and provided that this does not annoy or disturb study by other occupants of the Accommodation or Hall. We reserve the right to prohibit visitors if, in our reasonable opinion, it is necessary to do so for the safety and wellbeing of other occupants of the Hall and/or to safeguard our property. 2.6 Moving rooms You agree not to move to another room within the Hall, or to any other \er01 3

4 accommodation provided by us, without first obtaining the prior written approval of the Student Accommodation Services (acting reasonably). If consent is given, you will be charged an administration fee of 30 which covers our administration expenses in arranging the move and amending our records accordingly If you are permitted to move, all the terms and conditions of this Agreement will be transferred to the new Accommodation. 2.7 Risk assessments 2.8 Respect for others You agree to comply and/or co-operate with a reasonable request by us to provide information or to assist in connection with a risk assessment undertaken by us in relation to your occupation of the Accommodation and/or the Hall. You agree: to show respect, at all times, for all persons living and/or working in the Hall or in the locality of the Hall and not to cause or do anything that is likely to cause a nuisance or annoyance to them; to keep noise at a level that does not interfere with the study, sleep or comfort of persons living and/or working in the Hall and, in particular, not to make or allow any loud noise (including televisions, playing music or musical instruments) between hours and hours; not to use violence or threaten to use violence, verbally assault or harass or threaten to harass (including harassment on grounds of age, gender, sexual orientation, religion, belief, race, culture, disability or lifestyle) any person; not to bring into either the Accommodation or the Hall any weapons, illegal items or items which we consider to be offensive or dangerous (eg replica, ceremonial or toy weapons, knives, martial arts weapons or air-weapons) or allow the Accommodation to be used for any criminal, immoral or illegal purpose including (but not limited to) selling, supplying or using illegal substances, storing or handling stolen goods or prostitution; not to commit any arrestable offence or criminal act which we consider (acting reasonably) makes you unsuitable to continue to live in the Accommodation; not to bring dart boards, fireworks, barbeques, gas bottles or gas appliances into the Accommodation or the Hall; not to allow persistent use of Hall facilities by non-residents; not to smoke in the Accommodation or the Hall; not to place any items on or throw anything from the balconies or windows of either the Accommodation or the Hall or attach posters or other items to the ceiling, light fittings, smoke alarms; not to hold parties with in excess of ten people in the Accommodation or Halls without the prior approval of the Residence Manager; and if the Accommodation is at Byron, Gill Street North, Gill Street South, City or New Hall, not to bring or keep any motor vehicle owned by you or in your custody to Nottingham other than for a single trip at the beginning and the end of a term to transport your belongings to and from the Accommodation and otherwise to comply with the car, motorcycle and bicycle parking rules issued by us and which can be reviewed in the Residence Handbook. The Residence Handbook can be found at the following links: UPP: data/assets/pdf_file/0026/497123/ntu_res_handbook18-19.pdf 21 Waverley Street and College Drive: data/assets/pdf_file/0024/157182/4864a-city-clif-accomwel-1117.pdf Brackenhurst: data/assets/pdf_file/0025/157183/4864b-brack-accom- Welcome-1117.pdf If you are unable to access these web link please contact the Student Accommodation Services before Accepting this Agreement and we will send to you \er01 4

5 2.9 Repairs, maintenance and alterations 2.10 Safety and security You agree:- a copy of the policy so that you can read it before Accepting this Agreement to keep the Accommodation in a clean and tidy condition at all times and to place any rubbish and recyclable materials in designated areas in the Hall; not to make any alterations to or damage the Accommodation or Hall (including, but not limited to fitting or installing any satellite dish, television or radio aerial, decorating or damage caused by neglect or misuse) or remove, alter or damage any furniture, equipment or curtains provided by us (including, but not limited to, making holes in the furniture to accommodate the wiring of your electrical appliances); except for bedding, not to bring any soft furnishings or other furniture (including, but not limited to, inflatable furniture) into the Accommodation and/or the Hall except where the Residence Manager has given prior written consent (acting reasonably). All such furniture must comply with any relevant fire safety legislation and you will be required to remove (at your own expense) any furniture that you have brought into the Accommodation without our permission and/or which does not comply with legislation; and not to leave any personal belongings or other obstacles in the Communal Areas or make these areas dirty, unsafe or untidy. If you do and we have to remove anything or arrange for additional cleaning, we may charge you for the reasonable cost of doing so. It is your responsibility to help ensure that the Accommodation and the Hall are safe and secure for residents to live in and staff to work in. This includes (but is not limited to) complying with the following: Electrical appliances You agree: (c) (d) (e) (f) Fire Safety only to use the cooking and/or other electrical kitchen equipment supplied by us in any shared kitchen and not to use any other cooking or heating appliances in the Accommodation or Hall; not to bring any electric blankets or electric duvets into the Accommodation or Hall; not to bring any electrical equipment into the Accommodation or Hall except for items that have been properly tested, have a correctly rated fuse, correctly wired plug and are in good working order; not to tamper with or alter electrical appliances supplied by us and to allow us to inspect any electrical items that you bring into the Accommodation or Hall and to remove any item that we (acting reasonably) consider to be unsafe; to be responsible (as an ongoing responsibility) for ensuring that your own electrical equipment meets current Health and Safety standards before bringing the item into the Accommodation or the Hall and to ensure that each of your own electrical appliances is fitted with the correct fuse, only one appliance is wired to one plug and that you do not overload the electric power points; not to bring any heating appliances, heavy duty electrical appliances, domestic appliances (such as fridges or freezers) into the Accommodation or the Halls. You agree to respond to fire alarms, adhere to all fire regulations and evacuation procedures (which are displayed in the Accommodation and on notice boards in the Hall) and: where we give you prior reasonable written notice that a fire safety meeting (which may be attended by a representative from the emergency services) has been arranged by the Residence Manager or Warden and your attendance at that meeting is compulsory, attend that meeting; not to obstruct Communal Areas or fire escape routes nor prop open, or otherwise tamper with, the fire doors (as they are designed to reduce the \er01 5

6 (c) Security spread of fire) and not to abuse, interfere or otherwise tamper with any of our fire prevention and detection equipment (if any fire extinguisher is found empty through misuse all residents will be charged for the replacement); not to do anything which may cause a fire hazard, including (but not limited to) using or storing in the Accommodation or Hall any flammable or dangerous materials (eg inflatable items or furniture, candles, incense sticks/burners or other naked flame, fireworks, petrol, paraffin, bottled gas, oil, oil-filled radiators, deep fat fryers, sun-beds and hookah or shisha pipes) or leave cooking unattended. You must ensure that your Accommodation and the Hall are left secure at all times. This includes (but is not limited to): (c) (d) (e) keeping your key, key fob or key card with you at all times. Persistent failure to carry your keys requiring you to be let in by our staff and/or our contractors may result in a charge being made to you; never marking your key, key fob or key card with your address, or copying them or giving them to anyone else; locking the door to your Accommodation together with any corridor/main entrance doors in the Hall when entering or leaving and ensuring that all windows in the Accommodation are closed before you go out; not letting anyone you do not know into the Hall and accompanying your Visitors at all times; and never adjusting or tampering with any window restrictors within the Accommodation or the Halls (if you do so a repair charge as set out in the Residence Handbook will be levied) Pets You must not keep any animal, bird, reptile, insect or fish at the Accommodation or in the Hall. Assistance dogs are permitted by prior arrangement with the Student Accommodation Services At the end of the Agreement At the end of the Period of Residence (or earlier termination of this Agreement) you agree: to vacate the Accommodation by 10:00am on either the last day of the Period of Residence or (if earlier) the last day of this Agreement; to return all keys, key fobs or key cards to the Residence Manager. If keys, key fobs or key cards are not returned we will have to either fit new locks or replace the key fob or key card and we will charge you for the reasonable cost of this; to leave the Accommodation in a clean and tidy condition and to leave it and all items listed in the Inventory in the same condition as at the start of the Period of Residence, fair wear and tear excepted. If you leave any personal belongings or rubbish in the Accommodation, you agree that we can dispose of this. If you leave any personal belongings in the Accommodation, we will notify you of this and give you a reasonable period of time to collect them. If you do not collect your belongings within that reasonable period, you agree that we can dispose of those belongings. 3. OUR RIGHTS 3.1 Alterations and building works 3.2 Access & inspection We have the right to carry out any alterations or building works at the Accommodation, the Hall and/or on our adjoining or neighbouring property without liability for disturbance provided that, as far as practicable, we have used reasonable endeavours to minimise any disturbance. We have the right to enter the Accommodation at all times (although, except in case of emergency, we will try and give you reasonable prior notice). We will normally only enter the Accommodation for one of more of the following reasons: in an emergency, in order to clean, inspect or repair the Accommodation, or any other part of the Halls to comply with our responsibilities under this Agreement and/or (c) for any other reasonable purpose \er01 6

7 3.2.1 We will charge you with any reasonable costs we incur if, when calling on a prearranged visit, we cannot gain access to the Accommodation (eg because access is refused or you are not in) Where we do wish to enter the Accommodation, we will usually give you prior notice of this unless it is an emergency or relates to the regular cleaning or maintenance of the Accommodation. If we do not give you prior notice, we will knock on the door first in order to see if you are present. If you are not present then, irrespective of whether or not this relates to a pre-arranged visit, we will let ourselves into the Accommodation using our duplicate key. 3.3 Removal of items from the Accommodation 3.4 Our right to require you to relocate We may remove from the Accommodation or Hall any items (either used or unused) that belong to you or your Visitors and which we consider (acting reasonably) are dangerous and/or may cause a fire hazard or which we consider constitute a nuisance, subject to us giving you prior warning. If we remove an item, we will notify you of this and confirm who you need to contact in order to recover the item. You will not be able, however, to take the item back into the Accommodation or Hall We reserve the right to move you to similar alternative accommodation in any circumstances including the following:- (c) for reasonable management reasons (eg where we consider, acting reasonably, that we need to carry out works to the Accommodation or Hall, that the Accommodation or Hall is unfit for occupation, or where the Period of Residence includes the Summer vacation and the Hall is not fully occupied during the vacation; where we reasonably consider that, because of your behaviour, it is necessary to move you from the Accommodation to protect your well-being or the well-being of others or to prevent damage to the Accommodation; if your Accommodation is within a Buy-Back Hall, we may give you notice requiring you to relocate to similar alternative accommodation at any time on or after the first day of the 38th week of the Licence Period provided that we give you:- (i) not less than 6 weeks previous written notice (which may be by e- mail to your NTU account or the address you used to book the Accommodation), setting out the date on which you will be required to relocate (the "Relocation Date". Note: if you do not move out of the original Accommodation by the Relocation Date, we can take legal action to force you to move out); and (ii) the right to terminate this Agreement on the Relocation Date by giving us not less than 3 weeks prior written notice if you do not want to move to the similar alternative accommodation and, provided you give us written notice to terminate this Agreement within this time period, this Agreement will end on the Relocation Date and:- (1) the ending of this Agreement will be without prejudice to any claim by either of us against the other in respect of any breach of any obligation in this Agreement that had accrued before the Relocation Date; (2) you will still be obliged to pay that part of the Licence Fee corresponding to the period up to and including Relocation Date but, provided that you move out of the Accommodation by the Relocation Date, you will not be obliged to pay that part of the Licence Fee corresponding to the period after the Relocation Date and we will refund any Licence Fee you have paid in advance in respect of the period after the date of termination; and (3) if you do not move out of the Accommodation by the Relocation Date, we can take legal action to force you to move out \er01 7

8 3.4.2 If we request you to relocate in accordance with Clause or (only): (c) we will give you written notice of this, provide details of the alternative accommodation and notify you of the date on which you are to relocate. We will give you reasonable notice of this date, taking into account the circumstances. This may mean that, in certain circumstances, the notice period may be as little as 24 hours; if the similar alternative accommodation is not satisfactory to you (acting reasonably), you may terminate this Agreement. If you wish to do so, you must give the Student Accommodation Services written notice of this no later than 7 days after the date of the written notice that we have given to you under clause.the Agreement will then end on a date 7 days after your notice to terminate was given to the Student Accommodation Services, or such other date as you may agree with the Student Accommodation Services (acting reasonably). We will refund any Licence Fee you have paid in respect of the period after the termination date; where you can produce a valid receipt, we will pay to you any reasonable outof-pocket expenses (eg travel costs) directly incurred by you moving into the alternative accommodation. If you do not move out of the original Accommodation following a request by us to do so, we can take legal action to force you to move out. 4. YOUR RIGHTS 4.1 Occupation We grant you the following rights which you must exercise in accordance with your responsibilities under this Agreement: a licence to occupy the Room (and where the Agreement Summary states that the room type is "twin" the licence to occupy and use the Room in common with the person we allocate to share the Room); (if applicable) the non-exclusive right (in common with us and all others that we authorise to do so) to use any parts of the Accommodation which do not form part of the Room; and the non-exclusive right (in common with us and all others that we authorise to do so) to use the Communal Areas. 5. IF YOU BREACH THIS AGREEMENT 5.1 Payment for loss or damage You must pay for all reasonable loss and damage we suffer as a result of any breach of this Agreement by you, any person authorised to occupy under clause 2.4 or your Visitors. This includes (but is not limited to), any costs properly and reasonably incurred by us in arranging any additional cleaning required, issuing replacement lost or stolen keys/cards, repairing or replacing our fixtures, fittings, furniture or equipment, collecting arrears, paying professional advisors, pursuing court proceedings, administration expenses and any income we lose arising from your failure to move out of the Accommodation in accordance with the terms of this Agreement Where any damage is caused to the Accommodation or the Communal Areas and we are unable to identify the perpetrators (and we will use reasonable endeavours to identify them), we may (acting reasonably) charge you a fair proportion of the reasonable cost of making good any loss or damage caused unless you can demonstrate that you were not at the Accommodation or in the Hall when the damage occurred Typical charges for damage and additional cleaning are set out in the Residence Handbook. The handbook can be found at the following links: UPP: data/assets/pdf_file/0026/497123/ntu_res_handbook18-19.pdf \er01 8

9 21 Waverley Street and College Drive: data/assets/pdf_file/0024/157182/4864a-city-clif-accomwel-1117.pdf Brackenhurst: data/assets/pdf_file/0025/157183/4864b-brack-accom- Welcome-1117.pdf The exact amount will depend on the seriousness of the case and could be more than the maximum sum shown in very serious cases. 5.2 The procedure we will follow if you have breached this Agreement If you, any person authorised to occupy under clause 2.4 or your Visitors breach any of the terms of this Agreement then action may be taken against you under the procedure set out below: On us identifying or becoming aware of any breach by you of the terms of this Agreement, the Residence Manager will decide whether to: (c) (d) take no action; discuss this with you informally; write to you to draw your attention to the alleged breach; or refer the matter to be dealt with under the Student Code of Behaviour Except in the circumstances set out in clause 5.2.3, we will cooperate in the implementation of any penalty, sanction or other requirement imposed on you as an outcome taken under the University's Student Code of Behaviour in respect of a breach of the terms of the Agreement, which can include (in circumstances where the breach is deemed to be sufficiently serious or persistent) a requirement for you to move to alternative accommodation or termination of this Agreement and your expulsion from the Accommodation The above procedure will not apply if you have failed to pay the Licence Fee in accordance with the terms of this Agreement. In such circumstances, we may terminate this Agreement without giving you any notice of our intention to do so. As such, if you are experiencing any financial difficulties which may mean that you are unable to pay the Licence Fee when it is due you should immediately contact the Student Accommodation Services. 6. TERMINATION OF THIS AGREEMENT 6.1 Your right to terminate before you take occupation Time-Limited Cancellation Option for New Students By accepting this Agreement, you have entered into a legally binding agreement and will be liable for payment of the specified Licence Fee for the full term of the Licence Period. However, we will permit you to cancel this Agreement, without being liable for payment of any Licence Fee, provided that: you do not take up the study place offered at the University; and you notify the Student Accommodation Services directly by accommodation@ntu.ac.uk not less than 21 days prior to the commencement of the Licence Period, that you will not be studying at the University (please note the timings regarding deemed receipt of in Clause (c) below). After this specified deadline this "no-penalty cancellation" option will not be available, and you will be legally bound by the terms of this Agreement (and will be liable to pay the full Licence Fee) Time-Limited Cancellation Option for Returning Students By accepting this Agreement, you have entered into a legally binding agreement and will be liable for the payment of the specified Licence Fee for the full term of the Licence Period. However, we will permit you to cancel this Agreement without being liable for payment of any Licence Fee, provided that you notify the Student \er01 9

10 Accommodation Services directly by that you wish to cancel this Agreement and that that notification is received by the Student Accommodation Services by the sooner of: 28 days after your Acceptance of this Agreement; or 21 days before the start of the Licence Period. (please note the timings regarding deemed receipt of in Clause (c) below). After this specified deadline this time-limited "no penalty cancellation" option will not be available and you will be legally bound by the terms and conditions of this Licence Agreement (and will be liable to pay the full Licence Fee) Our right to terminate before you take occupation 6.3 Your other rights to terminate 6.4 Our right to terminate if you have breached the Ts & Cs If you owe us any money in connection with any previous accommodation that you occupied, we may terminate this Agreement up to 4 weeks before the start of the Period of Residence by giving you not less than 4 weeks written notice and if we do terminate this Agreement under this clause we will refund any Deposit and/or Licence Fee that you have paid under this Agreement. You may terminate this Agreement if you: Contact the Student Accommodation Services to request the right to terminate providing not less than four weeks written notice of your intention to terminate and specifying the End Date and you satisfy all of the following conditions: you have found a suitable replacement occupier approved by us (at our absolute discretion) who is not already in accommodation provided by us and enters into an agreement with us to occupy the Accommodation immediately after you have left; you have paid, in full on or before the End Date, all of the Licence Fee due under this Agreement up to and including the End Date Are under 18 when you Accept this Agreement and: within two weeks after your 18 th birthday you give to the Student Accommodation Services not less than 4 weeks written notice of your intention to terminate this Agreement and, in the notice, you specify the End Date; and you have paid, in full on or before the End Date all of the Licence Fee due under this Agreement up to and including the End Date If you terminate this Agreement under this clause 6.3 and you move out of the Accommodation by the End Date, we will refund any Licence Fee that you have paid in respect of the period after the End Date, but you must pay a contribution of 30 towards our administration fees. We may terminate this Agreement in any of the following circumstances: if you have failed to pay the whole or any part of the Licence Fee in accordance with the payment terms set out in Schedule 1 (whether formally demanded or not) and the Licence Fee (or any part of it) has been outstanding for 21 days or more; or where you have committed a serious breach or have persistently breached the conditions of this Agreement and, having followed the procedure set out at clause 5.2 above, we have decided to terminate the Agreement (for the avoidance of doubt we consider any breach of your obligations in clauses 2.8.3, 2.8.4, 2.8.5, , (c), and 2.11 as a serious breach of this Agreement and if you, someone living with you or one of your Visitors, breaches any of these clauses we may terminate this Agreement); if you are made bankrupt. 6.5 Our right to terminate for We may also terminate this Agreement by giving you not less than 4 weeks written notice if: \er01 10

11 other reasons 6.6 Effect if we terminate the Agreement we are unable to find you similar alternative accommodation (despite our reasonable efforts) and are unable to either provide the Accommodation as a result of events beyond our control or your Accommodation has been severely damaged and, acting reasonably, we deem it unfit for occupation; you are no longer pursuing a course of study with the University; we reasonably consider, because of your behaviour or for any other reason (eg an infestation by insects, an outbreak of an infectious disease) that, to protect your well-being or the well-being of others or to prevent damage to the Accommodation, it is necessary to move you from the Accommodation; or any information supplied by you, or on your behalf, in connection with your application to us for a place in the Accommodation is untrue, inaccurate or misleading, or if you fail to disclose relevant information which would amount to a misrepresentation, and we consider (acting reasonably) that the relevant information makes you unsuitable to live in the Accommodation If we terminate the Agreement in the circumstances set out in clauses 6.4 or 6.5, this will not affect our rights to claim against you for any loss or damage caused by any breach of the Agreement by you, any person authorised to occupy under clause 2.4 or your Visitors If we terminate this Agreement in the circumstances set out in clause 6.5.1, you will still be obliged to pay that part of the Licence Fee corresponding to the period up to and including the date of termination but you will not be obliged to pay that part of the Licence Fee corresponding to the period after the date of termination. Provided that you move out of the Accommodation by the termination date, we will refund any Licence Fee you have paid in advance in respect of the period after the date of termination If we terminate the Agreement in the circumstances set out in clauses 6.4.1, 6.5.2, or 6.5.4, you will still be obliged to pay Licence Fee in relation to the whole of the Period of Residence but, if we are able to re-let the Accommodation, we will refund any part of your Licence Fee you have paid in advance which corresponds to the period in which the Accommodation is re-let If the Agreement is terminated and you do not move out of the Accommodation by the termination date, we may take legal action in order to obtain a court order requiring you to move out. 7. COMPLAINTS 7.1 Procedure If you feel we have not fulfilled our obligations under this Agreement you can contact us by , letter, telephone or in person If you have any problems within the Accommodation and/or the Hall you should, in the first instance, discuss these with a member of staff at the reception at the Hall If you are not happy with the outcome and wish to pursue your complaint further, you should write to Residence Manager. The complaint will be investigated and appropriate action taken and you will be given a written response to the complaint within 10 working days of receipt of your written communication If you remain dissatisfied, you can request that the complaint be referred to the Head of Accommodation accommodation@ntu.ac.uk If the mediation referred to at clause does not resolve the matter and you remain unhappy with our response, you can refer the matter to the Adjudicator ( take advice from a Citizen's Advice Bureau, or as a final step take advice from a law centre or solicitor For the avoidance of doubt, if we have decided, in accordance with the provisions of this Agreement, to terminate this Agreement and you have not left the Accommodation as you were required to do, we will still be entitled to take legal action against you to recover possession of the Accommodation notwithstanding that you may have complained about our decision to terminate the Agreement \er01 11

12 8. APPEALS 8.1 Procedure Except in the case of a decision made under the provisions of the Student Code of Behaviour (which has its own self-contained appeal procedures) if you are unhappy with any decision we make when exercising our rights under this Agreement, you may appeal that decision by writing to Student Accommodation Services, within 5 days of you being notified of the decision. Student Accommodation Services will consider your letter and decide whether to uphold or amend the decision. The Student Accommodation Services will write to you, normally within 10 days, notifying you of the decision made. 9. OTHER MATTERS 9.1 Notices In the case of all letters and notices sent under the terms of or in accordance with the provisions of this Agreement these need to be sent as follows (in order for the letters or notices to be deemed to be received): us to you will be properly served if they are delivered to you by hand, first class post, or special delivery at the Accommodation and/or the address you provide to us when applying to us for the Accommodation (or such other address that you have notified us about in accordance with clause 9.1.3) or by ; you to us will be properly served if sent to us (by first class post or special delivery) at the Student Accommodation Services or by to accommodation@ntu.ac.uk A notice sent by the following means is to be treated as having been received: (c) if delivered by hand, on the day of delivery; or if sent by first class post or special delivery, on the first working day after posting; or if sent by , 24 hours after sending (the 24 hour period excluding nonworking days) You agree to notify us of any change to the address you provide to us when applying to us for the Accommodation by contacting accommodation@ntu.ac.uk You agree to pass on to us immediately any statutory letters or notices served on you by a third party (ie not us). 9.2 Data Protection We will comply with the Data Protection Act 1998 as amended from time to time. We will allow you to inspect certain information that we hold about you and you can ask us to correct or record your disagreement with the information we hold. We may charge you with the reasonable cost of providing copies of the information By Accepting this Agreement you agree that all data supplied to us can be shared between our departments and with third parties (eg contractors employed by us to undertake services at the Hall, a Sponsor, the police or other public agencies) if it is reasonable for us to do so as provider and manager of the Accommodation We will not disclose sensitive personal information (eg medical records) except with your explicit consent or if we are permitted and/or required to do so by law. 9.3 Liability for loss or damage 9.4 Governing law and enforceability Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, we shall not in any circumstances incur any liability in respect of loss or damage to any person or property or otherwise, unless the loss or damage was caused by our negligence This Agreement is governed by English law and international students should be aware that this may differ from the law in their home country If any aspect of this Agreement is held to be illegal, invalid or unenforceable, the remainder of this Agreement will be unaffected. 9.5 Legislation The Contracts (Rights of Third Parties) Act 1999 does not apply to this Agreement. This \er01 12

13 means that no one can enforce any rights or obligations under the Agreement other than you and us. However, this does not affect any right or remedy of a third party which exists or is available apart from that Act. 9.6 VAT At the date of this Agreement the Licence Fee is exempt from VAT but we reserve the right to charge VAT if it becomes payable during the Period of Residence, for example, if there is a change in the law. 9.7 Council tax If for any reason you become or cause us to become liable for council tax for the Accommodation (for example, because you are in full time employment or claim social security benefits) then you will pay such council tax (or reimburse us for any sums we pay within 14 days of written demand). 9.8 Guarantees of accommodation Any guarantee given by us to allocate accommodation to you shall cease to have effect if this Agreement is terminated \er01 13

14 SCHEDULE 1 1. Payment of Licence Fee 1.1 Your Licence Fee must be paid either: in full, (i.e. in one single instalment) by credit/debit card (in accordance with paragraph 1.3 below), by direct debit (in accordance with paragraph 1.4 below) or by direct bank transfer (in accordance with paragraph 1.5 below) within 7 days of you receiving an unconditional offer of accommodation from us; or in termly instalments by credit/debit card (in accordance with paragraph 1.3 below), by direct debit (in accordance with paragraph 1.4 below) or by direct bank transfer (in accordance with paragraph 1.5 below) in the amounts set out in the Agreement Summary such payments to be made on or before the instalment dates set out in the Agreement Summary. 1.2 You can elect what payment method you prefer by ticking the appropriate box in the online application. You must elect a payment method before you will be permitted to collect the keys for the accommodation. 1.3 If you wish to pay the Licence Fee by credit or debit card, you can do online (via our secure payment website which you can access at If you have elected to pay by direct debit you may enter the site to set up the direct debit mandate at any time up to 14 days prior to: if you have elected to pay by one single instalment, the date your Licence Fee is due; or if you have elected to pay by termly instalments, prior to the first instalment date. Please note that a direct debit can only be set up from UK bank current accounts and not savings or deposit accounts. 1.5 If you have elected to pay by bank transfer you must contact Student Accommodation Services at accommodation@ntu.ac.uk who will provide you with the details needed to complete the bank transfer, Payment must be made by bank transfer as set out below: if you have elected to pay by one single instalment, 7 days after you receive an unconditional offer from the University; or if you have elected to pay by termly instalments, 7 days after you receive an unconditional offer form the University for the first instalment and the 2 nd and 3 rd instalment will be taken on the dates set out in the Agreement Summary. 2. Sponsors If you have a Sponsor, you will be responsible for providing them with all the information they require to enable them to make payments on your behalf in accordance with the same timescales as would apply if you were making all payments yourself. If you are paying part of the Licence Fee yourself, you will need to pay those fees as set out above. If your Sponsor fails to pay in accordance with these terms you will remain liable for the full payment. We will contact you if we have problems recovering money from your Sponsor. 3. Payment of Deposit 3.1 Your deposit must be paid at the time of Accepting the Agreement by credit/debit card online in person at the cash office or by telephone If you have paid a "booking fee" when applying for accommodation, when you Accept this Agreement the booking will be transferred to become the Deposit (to be held by us in accordance with the terms of this Agreement \er01 14

15 GLOSSARY Words used in this Agreement and in these Terms and Conditions of Residence have the following meanings: Accept Accommodation Agreement Agreement Summary Buy-Back Hall Communal Areas Deposit End Date Hall Head of Student Accommodation Services Inventory Instalment(s) Licence Fee New Student Period of Residence Returning Student Residence Handbook Means to formally accept the offer of the Accommodation online and "Accepted" and "Accepting" are to be interpreted accordingly. Means the Room (which in the case of a sole occupancy or a shared flat, includes all shared areas in that flat) or any alternative accommodation to which you have moved under this Agreement. Means the contract between us and you relating to the Accommodation and comprising: 1. these Ts & Cs; 2. the Agreement Summary; and 3. the Regulations (which will take precedence in the event of any contradiction between them and the Ts & Cs and/or the Agreement Summary). Means the page of the online process headed "Agreement Summary" which contains the specific details of the Accommodation being offered to you, the Period of Residence and the Licence Fee. Means Byron G block, Gill Street North D/E block, New Hall Daybrook block, Peverell C/D/G block or Sandby Means all stairwells, corridors, landings and entrance halls within the Hall, any shared kitchens and/or bathrooms in the Hall or other areas that we designate as common areas but not any shared kitchens and/or bathrooms in the Accommodation. Means the deposit as specified in the Agreement Summary Means the date on which you wish this Agreement to end where you are seeking to terminate this Agreement before the end of the Period of Residence under clause 6.3. Means the specific hall named in the Agreement Summary together with any external areas of the hall which are owned by us (eg car parks, roads or gardens which adjoin the hall). Means Tim Woodman-Clarke (accommodation@ntu.ac.uk) Means the list of furniture and equipment at the Accommodation which we will give to you when you arrive. Any one of the first, second or third instalments. Means the charges for your occupation of the Accommodation as stated in the Agreement Summary Means any student that is not a Returning Student Means the period starting and ending on the dates specified in the Agreement Summary (unless the Agreement ends earlier in accordance with the terms of this Agreement). Means a returning student who at the time they entered this Agreement was fully enrolled at the University on a full time undergraduate or postgraduate course during the previous academic year Means any of the following: UPP data/assets/pdf_file/0026/497123/ntu_res_handbook18-19.pdf 21 Waverley Street and College Drive: data/assets/pdf_file/0024/157182/4864a-city-clif-accom-wel pdf \er01 15